Traffic court frrom my accident

[Henecton]

I thought I would post the result of the court case against the driver who hit me. The driver was found not guilty basically the judge said it was her word against mine and there was just not enough evidence to be 100% certain she hit me in my lane. I am still fighting with the insurance company as that is a civil matter totally seperate from the traffic/criminal court deal. My personal opinion and it may well be biased is that the state's attorney did not try very hard to win the case. I guess the one thing I can take away from this and it may sound cliche is that I am still lucky. After what was a nasty impact and slide I was able to walk out of the ER three hours after I was taken there by ambulance because I was wearing protective gear intended for motorcycle riding.

[potomacduc]

I suppose the burden of proof is on you, but I can't help but think that anytime a motorcycle is involved that many judges and prosecutors are going to be a bit biased in favor of the non motorcyclist.   

Still, you've got the right perspective and the fact that you were relatively unscathed is the most important factor.  Good luck with the civil case and keep enjoying the Multistrada.

[sbrguy]

you should post the full name of the judge and the court so that we know which judge is biased against motorcyclists so that if its a seat that is not appointed but elected then we know who not to vote for, and if its an appointed position to tell the person that appointed that judge that they lost a vote the next election.

judges have to be held accountable for any and all decisions they make both good and bad, its the only way to make the legal system work.

[Statler]

the burden is on the state.  criminal standard is beyond reasonable doubt....no reasonable person could believe otherwise.  99.x %   

He said/she said cases with nothing else can almost never meet that burden.

Civil case is much lower and is much easier.

I absolutely believe henecton, but I wouldn't change how I voted in my district for a judge based on one case like this while he was in the traffic rotation.   In fact the paraphrased explanation the judge gave sounds correct for a criminal traffic case with one witness.   I would have not been surprised if an attorney could have gotten it dropped before ever going to trial.

[Henecton]

My issue was not with the judge but the prosecutor. IMO she did not try very hard to win the case and in effect the judge made the decision on what was presented. I hope if I ever face a capital charge in the state of VA my prosecutor puts forth the same effort.

[Statler]

My issue was not with the judge but the prosecutor. IMO she did not try very hard to win the case and in effect the judge made the decision on what was presented. I hope if I ever face a capital charge in the state of VA my prosecutor puts forth the same effort.

yup.  Same up here.   We have a hate/hate relationship with the state's attorneys who do the criminal side of our child abuse cases.

good luck with the civil suit.